Marsteller v. Marsteller

Citations

• 132 Pa. 517
• 19 A. 344
• 1890 Pa. LEXIS 845

Syllabus

<p>1. It is a well-nigh universal rule that the judgment of a court of competent jurisdiction upon a point litigated between the parties, whether it be a court of record or not, and whether the proceeding in which the judgment was rendered be according to the common law or summary in its character, is conclusive, so long as it remains in full force, in all subsequent controversies directly involving the same question.</p> <p>2. An adjudication by a justice of the peace in a landlord and tenant proceeding, under the act of April 8, 1830, P. L. 187, finding that the relation of landlord and tenant did not exist, or that there was no rent in arrear, is, until legally set aside or reversed, conclusive upon both parties, and a bar to a proceeding before another justice upon the same cause of action; the dictum to the contrary in Ayres v. Rovinger, 8 Pa. 414, disapproved.</p>